Bill Text: TX HB3893 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the modification of a 99-year lease of certain state property to the City of Austin and the grant of a 99-year lease of certain state property and certain easements to the Capital Metropolitan Transportation Authority.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2021-05-19 - Placed on intent calendar [HB3893 Detail]
Download: Texas-2021-HB3893-Introduced.html
Bill Title: Relating to the modification of a 99-year lease of certain state property to the City of Austin and the grant of a 99-year lease of certain state property and certain easements to the Capital Metropolitan Transportation Authority.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2021-05-19 - Placed on intent calendar [HB3893 Detail]
Download: Texas-2021-HB3893-Introduced.html
By: Hinojosa | H.B. No. 3893 |
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relating to the modification of a 99-year lease of certain state | ||
property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 34 (H.B. 215), General Laws, Acts of the | ||
33rd Legislature, Regular Session, 1913, is amended by deleting | ||
Section 2B.(a) in its entirety and in lieu thereof substituting the | ||
following: | ||
Sec. 2B. (a) The leasehold interest granted by the State of | ||
Texas pursuant to Sections 2 and Section 2A of this Act shall be | ||
limited to only the surface of the property described in Sections 1, | ||
2A(a)1, and 2A(a)(2) of this Act, and shall be subject and | ||
subordinate to those rights and interests granted to the Capital | ||
Metropolitan Transportation Authority pursuant to Section 3 | ||
hereof. The State of Texas does not by this Act part with any title, | ||
color of title or interest which it now owns in the property | ||
described in this Act, except as granted herein. | ||
SECTION 2. Chapter 34 (H.B. 215), General Laws, Acts of the | ||
33rd Legislature, Regular Session, 1913, is amended by adding | ||
Section 3 to read as follows: | ||
Sec. 3. (a) Notwithstanding any other provision of this | ||
Act, the State of Texas hereby cedes and grants to the Capital | ||
Metropolitan Transportation Authority for a period of 99 years | ||
beginning on the effective date of this Act, a lease of all of the | ||
subsurface strata below the surface of the property described in | ||
Sections 1 and 2A.(a)(2) of this Act, and the streets abutting such | ||
property to the center of such streets. | ||
(b) The Capital Metropolitan Transportation Authority may | ||
use the subsurface of the property described in Section 3(a) of this | ||
Act for public transportation, subway and/or underground railway | ||
station, tunnel and/or terminal, and any retail, commercial, public | ||
performances and exhibitions, and public amenity purposes. In any | ||
location and at any depth below the surface of the property | ||
described in Section 3(a) of this Act, The Capital Metropolitan | ||
Transportation Authority may construct, operate, repair, maintain, | ||
replace and remove (collectively, the "Transportation | ||
Facilities"): | ||
(1) public transportation facilities, including, | ||
subway and railway tunnels, stations, tracks, and improvements | ||
related thereto; | ||
(2) common areas and facilities designated for the | ||
general use and convenience of any subtenants, passengers, visitors | ||
and occupants of the Transportation Facilities, including | ||
concourses, tunnels, piers, boarding areas, stages, exhibitions | ||
and performance areas, seating areas, elevators, moving walkways, | ||
sidewalks, stairways, escalators, pedestrian entrances, station | ||
portals, air intakes/exits, loading zones, landscaping and any | ||
facilities and improvements related thereto; | ||
(3) shops, stores, booths, stands, spaces and related | ||
facilities used for any commercial, retail, market and restaurant | ||
uses; | ||
(4) billboards, and any advertising and/or | ||
promotional signs and/or displays, and, | ||
(5) improvements, utilities and related | ||
infrastructure and public amenities related to the provision and | ||
development of all of the foregoing. | ||
(c) Notwithstanding any other provision of this Act, the | ||
State of Texas hereby cedes and grants to the Capital Metropolitan | ||
Transportation Authority for a period of 99 years beginning on the | ||
effective date of this Act, the following easements on the surface | ||
of the property described in Sections 1 and 2A.(a)(2) of this Act, | ||
and the streets abutting such property to the center of such | ||
streets: | ||
(1) a temporary non-exclusive construction easement | ||
to use as much of the surface of the property described in Section | ||
3(c) of this Act as the Capital Metropolitan Transportation | ||
Authority may deem necessary from time to time for the purpose of | ||
constructing, maintaining, repairing, replacing, relocating and | ||
removing all or any part of the Transportation Facilities or the | ||
Surface Ancillary Amenities (as defined in Section 3(c)(5) below); | ||
(2) a non-exclusive access easement for vehicular and | ||
pedestrian ingress, egress, and access to and from the | ||
Transportation Facilities on, over and across the surface of the | ||
property described in Section 3(c) of this Act, whether on | ||
roadways, sidewalks or walkways located thereon if existing, or | ||
otherwise over such Surface Ancillary Amenities as the Capital | ||
Metropolitan Transportation Authority may install from time to | ||
time; | ||
(3) a non-exclusive easement over the property | ||
described in Section 3(c) of this Act for audio, visual, view, | ||
reflective light, shadow flicker, glimmer, noise, shadow, glare and | ||
any other effects attributable to the Transportation Facilities | ||
located under or on the property described in Section 3(c) of this | ||
Act and/or on property adjacent thereto; | ||
(4) a non-exclusive easement over the surface of the | ||
property described in Section 3(c) of this Act, for the purpose of | ||
installing, maintaining, repairing, replacing, relocating, and | ||
removing from time to time any (i) power transmission lines, | ||
including overhead and underground transmission lines, poles, | ||
anchors, conduits, support structures, cables, distribution and | ||
interconnection facilities, and related utility facilities, | ||
infrastructure, and equipment, (ii) telecommunication and data | ||
lines, including overhead and underground transmission lines, | ||
poles, anchors, conduits, support structures, cables, and related | ||
utility facilities, infrastructure, and equipment, (iii) water, | ||
drainage, waste and sewer lines, conduits, support structures, and | ||
related utility facilities, infrastructure, and equipment, and | ||
(iv) any other utility facilities, infrastructure and equipment as | ||
the Capital Metropolitan Transportation Authority may deem | ||
necessary or desirable in connection with the development, | ||
operation and maintenance of the Transportation Facilities and the | ||
Surface Ancillary Amenities; and, | ||
(5) an encroachment easement and right to construct, | ||
maintain, repair, replace, relocate and remove such aboveground | ||
signage, booths, walkways, sidewalks, elevators, stairwells, | ||
escalators, awnings, entryways, exits, fences, landscaping, air | ||
intakes/exits, trash receptacles and other public amenities | ||
(collectively, the "Surface Ancillary Amenities") as the Capital | ||
Metropolitan Transportation Authority my deem necessary or | ||
desirable to install over the surface of the property described in | ||
Section 3(c) of this Act. | ||
(d) Each easement granted to the Capital Metropolitan | ||
Transportation Authority pursuant to Section 3(c)(1) - (5) of this | ||
Act shall be appurtenant to the leasehold interest granted to the | ||
Capital Metropolitan Transportation Authority pursuant to Section | ||
3(a) of this Act, shall run with the property described in Sections | ||
3(a) and 3(c) of this Act, and shall inure to the benefit of the | ||
Capital Metropolitan Transportation Authority. Nonuse of the | ||
easements or rights granted pursuant to Section 3(c) of this Act | ||
shall not constitute abandonment or surrender, nor shall it | ||
preclude the use of the entire scope thereof by Capital | ||
Metropolitan Transportation Authority at any time from time to | ||
time. | ||
(e) The State acknowledges and agrees that the Capital | ||
Metropolitan Transportation Authority shall be the sole and | ||
exclusive owner of any Transportation Facilities and Surface | ||
Ancillary Amenities installed pursuant to Section 3 of this Act, | ||
and the Capital Metropolitan Transportation Authority may remove | ||
the same at any time from time to time. The State hereby waives any | ||
lien rights, whether statutory or otherwise, the State has or may | ||
have to the Transportation Facilities and Surface Ancillary | ||
Amenities. | ||
(f) The Capital Metropolitan Transportation Authority shall | ||
have the right at any time and from time to time to assign, | ||
encumber, hypothecate, mortgage or pledge any of its right, title, | ||
or interest granted to the Capital Metropolitan Transportation | ||
Authority pursuant to Section 3 of this Act, including, without | ||
limitation, any of its right, title and interest in and to the | ||
Transportation Facilities and the Surface Ancillary Amenities. | ||
Moreover, the Capital Metropolitan Transportation Authority is | ||
hereby authorized to grant such subleases, easements, and/or | ||
licenses over, across, through or under the property described in | ||
Sections 3(a) and 3(c) of this Act as the Capital Metropolitan | ||
Transportation Authority may deem necessary or desirable in | ||
connection with the development, operation and maintenance of the | ||
Transportation Facilities and the Surface Ancillary Amenities. | ||
(g) The State of Texas does not by this Act part with any | ||
title, color of title or interest which it now owns in the property | ||
described in Section 3 of this Act, except as granted herein. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |